Legal Opinion
Kelly v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 2006PublishedCited by 7 opinions
1Opinion of the Court
In related child custody proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Nassau County (Eisman, J.), dated October 27, 2005, which found him guilty of criminal contempt.
Ordered that the appeal is dismissed, without costs or disbursements.
Where, as here, the purported contempt was committed within the immediate view and presence of the court and was punished summarily (see Judiciary Law §§ 750, 752; 22 NYCRR 701.2), review must be had under CPLR article 78 and not by way of direct appeal (see Judiciary Law § 755; Matter of Shockome v…
2Cases cited5 opinions
- Nolan v. LungenNew York Court of Appeals · 1984
- People v. EppsAppellate Division of the Supreme Court of the State of New York · 1964
- Shockome v. ShockomeAppellate Division of the Supreme Court of the State of New York · 2006
- O'Connell v. TaddeoNew York Supreme Court · 1997
- People v. LongoAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by7 opinions
- Julie G. v. Yu-Jen G.Appellate Division of the Supreme Court of the State of New York · 2011
- People v. PercerAppellate Division of the Supreme Court of the State of New York · 2011
- Morales v. WoodsAppellate Division of the Supreme Court of the State of New York · 2011
- Hartwich v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2016
- Hartwich v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2016
2 more not listed; retrieve them via the Exa API.